Memo

TITLE OF BILL: An act to amend the penal law, in relation to the criminal sale of a controlled substance to a person less than fourteen years of age

PURPOSE OF BILL:

To amend the Penal Law to provide that the sale of controlled substances to minors under 14 may be prosecuted as a more serious offense.

SUMMARY OF SPECIFIC PROVISIONS:

Adds § 220.49 of the Penal. Law which creates the crime of criminal sale of a controlled substance to a child in the first degree, making the sale of a controlled substance by an adult to a minor under the age of 14 a class A-II felony. Also Amends the title of § 220.42 of the Penal Law, reflecting the lesser included offense of criminal sale of controlled substance to a child in the second degree.

JUSTIFICATION:

There has been a recent increase in drug use, especially opiate based substances, by young adults and teenagers. There has also been an increase in overdose cases and overdose deaths. Many of these youngsters start experimenting in their teenage years with addicting prescription drugs and opiate based prescription drugs.

Nassau County recently had a crisis when middle school children thirteen and fourteen years old wanted to use heroin. They left home and began a search to buy heroin as was later detected by a review of their computers Internet history, To provide a criminal sanction for drug dealers, there is a need for the section dealing with someone who would sell drugs to a minor.

Drug use has become more prevalent among high school students. Although, the total answer to this epidemic is not to be found in the amendment of these two sections of the law, the passage of this bill will result in another tool to help in the battle to protect our children.

Drug dealers prey upon our young people and must be dealt with harshly in appropriate circumstances. This bill is intended to punish those who profit from the enterprise of selling these drugs to our children.

It is widely recognized that the combination of education, treatment and enforcement is the most effective way to protect our youngsters from narcotics addiction. This bill provides substantial assistance to law enforcement in the crucially important element of enforcement.

This act shall take effect on the one hundred eightieth day after it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________
988--A
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sens. MARTINS, AVELLA, GALLIVAN, GOLDEN, LANZA, LARKIN,
MAZIARZ, O'BRIEN, YOUNG, ZELDIN -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes -- recommitted
to the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, in relation to the criminal sale of a
controlled substance to a person less than fourteen years of age
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 220.48 of the penal law, as added by section 28 of
part AAA of chapter 56 of the laws of 2009, is amended to read as
follows:
S 220.48 Criminal sale of a controlled substance to a child IN THE
SECOND DEGREE.
A person is guilty of criminal sale of a controlled substance to a
child IN THE SECOND DEGREE when, being over twenty-one years old, he or
she knowingly and unlawfully sells a controlled substance in violation
of section 220.34 or 220.39 of this article to a person less than seven-
teen years old.
Criminal sale of a controlled substance to a child IN THE SECOND
DEGREE is a class B felony.
S 2. The penal law is amended by adding a new section 220.49 to read
as follows:
S 220.49 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A
CHILD IN THE FIRST DEGREE WHEN, BEING OVER EIGHTEEN YEARS OLD, HE OR SHE
KNOWINGLY AND UNLAWFULLY SELLS A CONTROLLED SUBSTANCE IN VIOLATION OF

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05045-02-4

S. 988--A 2

SECTION 220.34 OR 220.39 OF THIS ARTICLE TO A PERSON LESS THAN FOURTEEN
YEARS OLD.
CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD IN THE FIRST DEGREE
IS A CLASS A-II FELONY.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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